To permit expungement of records of
certain nonviolent criminal offenses, and for other purposes.

Rep Steve Cohen [TN 9th] introduced
H.R. 5492 'Fresh Start Act of 2010' on June 9th, 2010 (link to full text:
TEXT LINK: ) and guess what:
This bill would provide for the
possibility of expungement of certain criminal records in limited circumstances
and ONLY nonviolent, first time, offenders by adding a new subchapter to Chapter
229 of title 18, United States Code providing for the possibility of
expungement. These requirements are so simple that the average offender could
apply with little or no legal help. The benefits that can be derived by passing
this bill will have a far-reaching effect. Sound familiar? It should, but with a
few key differences; Rep. Steve Cohen is on the sub committee on crime and
terrorism, the right place for where this bill will ultimately end up. It
already has 14 cosponsors, and one of them is Rep Charles B. Rangel (tells you
where he thinks H.R. 1529 is headed). H.R. 5492 was referred to the House
Judiciary on June 9th, 2010 (Link to status of H.R. 5492
LINK: ). On July 26th, 2010 it was referred to the Subcommittee on Crime,
Terrorism, and Homeland Security. The wording in
this bill is almost identical but with better backing it has a better chance.
REMEMBER WHEN THIS SESSION ENDS THIS BILL DIES SO EVERY EFFORT NEEDS TO BE
APPLIED TO BACK IT AND HELP PUSH IT THROUGH.

AS OF 05/28/11
HAS ONLY 21 COSPONSORS!

I was looking at an article on MSNBC
and On December 28th, 2010 President Obama called Philadelphia Eagles
owner Jeffrey Lurie and praised him for giving Michael Vick a second chance.
According to an interview with NBC’s Peter King; Lurie told him “the president
was passionate about the fact that it’s
rarely a level playing field for prisoners once they leave jail," "And he said
the message was, what the Eagles had done with Vick was important for society
... giving him a second chance.”

Now I don’t know about you but this tells me the
president is not paying attention to legislation that is trying to be passed.
Where is he when there is a bill out in limbo that could potentially help
thousands of disenfranchised American citizens to get their “Second Chance”? If
he feels that strongly about Vick perhaps he could direct some of that energy
towards helping the average American! It’s about time to start another letter
writing campaign directly to the President about this reminding him not everyone
is as lucky as Michael Vick, but everyone deserves a second chance!

NOW IS THE TIME TO ACT AND DO SO
QUICKLY. The only chance for this Bill to fly is
NOW! Soon the control needed to make this work will no longer be in place. It
doesn’t matter if you support Congressman Rangel because this is not his bill. The plain and simple truth is this
Bill will have a positive impact on you, or your friends, or your family, most
certainly on our country. It will improve the lives of thousands of deserving
Americans who, unfortunately, made a mistake. These people, like everyone else,
deserve a second chance.

Me, you, your family, your
friends, your relatives all need to get on board and contact our representatives
(use this link, pull down your state and add your zip code in the window (Plus 4
not required) REPRESENTATIVE
LINK) A sample form letter is posted
at the bottom of this page.

I'VE ADDED A NEW SECTION CONTAINING A SAMPLE LETTER
WRITTEN BY AN ATTORNEY INTENDED TO BE INDIVIDUALIZED AND SENT TO EACH MEMBER OF
CONGRESS (below the sample form letter). Contact
your attorney and have them join the cause!

As I see it there are three logical steps to
making this bill a reality;

Step 1: In order for this to get the proper
notice the bill needs cosponsors. The only way for that to happen is to get in
contact with your representative and tell them how important it is to YOU. A sample form letter is posted at the bottom of this page
below the hit counter.

Step 2: (This one is the most important but you
can't get there without step 1) This bill must move out of the subcommittee to
be voted on. Contact points are listed below. You can use the same format in the
letter at the bottom of the page for this.

Please note,
here is a link to the list of
HEARINGS SCHEDULES if you click on it you will note H.R. 5492 is not listed!!!

Step 3: When it makes it to the floor it must
be voted on. Here again is where prodding of your representative is required to
vote in favor. Again the contacts are listed above and below.

A few dozen people calling
will not have the desired result. The only thing people in Washington understand
is numbers. Perhaps one of the best ways to get this to them with the numbers is
a petition drive. Get out there to your local gathering place (like the Mall,
Wal-Mart, Home Depot, etc.) with a blank petition (sample soon to be posted
below the sample letter). It would be good if you had someone who could explain
the bill, and a copy of it, so people can see the actual wording. PLEASE MAKE
SURE ALL THE SIGNATURES ARE LEGITIMATE.

Without the proper support of the people it
will do what it always does and FAIL! Please contact everyone you know to
prevent this from happening. It is too important to too many people, to our
country, and to our way of life. Help give people the second chance they
deserve.

We need everyone involved
and their friends and families to contact the chairman of the Judiciary, their
representatives on the Judiciary committee, every organization listed below, and
any other person or organization that can help push this bill into reality.

As it stands the bill is
in the hands of the Judiciary. Since it is not on their schedule, it would
appear they have no intention of reviewing it. No action on their part assures
the bill will fail. It must be considered in order to be returned to the House
for review.

Sufficient public interest
can move mountains. In this case, enough people and organizations need to
contact the Chairman of the Judiciary committee (Link
to contact site) to convince him there is a cause for action.

There are 16 Republicans and 24 Democrats on the Judiciary committee.
The list is contained here
http://judiciary.house.gov/about/members.html
with each members name being
a link to their own page. Keep in mind members from their states and districts
wit get the majority of responses.

For More information on how you can
help pass this Bill contact JMcCHODE@aol.com

If you have additional information or
links to pass on please contact our
webmaster

Last update

05/28/2011

SAMPLE LETTER TO CONGRESSPERSON

The Honorable (full name)
(Room #) (Name) House Office Building
United States House of Representatives
Washington, DC 20515

Re: H. R. 5492

“Fresh Start Act of 2010”

Dear Representative ----------------:

I would like to draw your attention to H. R. 5492, a Bill designed to provide
relief for first time nonviolent Federal offenders by creating a possibility for
expungement of their criminal records. This Bill would boost our economy, while
assisting thousands of Americans, allowing them to get their lives back, gain
meaningful employment, and become productive members of society once again.
While some State courts already allow for this type of relief, the Federal
system does not.

At this moment H. R. 5492 sits in the House Judiciary Subcommittee.

I believe criminals should be punished, but I also believe in fairness. First
time nonviolent offenders should have an opportunity to get their lives back
once they have paid their required debt to society. As it stands, no one with a
single Federal felony conviction can.

[Insert here a short personal statement on how this has affected you, i.e., I
have a degree in ___ and am unable to work in this field due to my felony
conviction. If this Bill were passed I could obtain meaningful employment in
support of my community and of my family]

I ask for your support in moving this Bill forward so it can be voted on in a
proper manner. I know there is not enough time for everything, but there should
be for something as important and sensible as this is to a productive citizenry.

If there is anything I can do to help get it passed please let me know.

Sincerely,

(Name)

(Address)

(Phone number)

(email address)

Below is a letter written by an attorney who
has been working on the passage of this legislation for years. It is intended to
be personalized and sent to each member of congress (both Democrats and
Republicans). Everyone reading this has an attorney or a friend or family member
who has one but each attorney has additional clients and associates who could
benefit from its passage. Get your attorneys involved in the process, it will
add to the attention and pressure needed to get this passed.

LAW OFFICE OF JIM
GARTS

JAMES R. GARTS, JR.

369 North
Main Street

Memphis,
Tennessee

38103

Telephone
901-834-8911

Fax
901-527-5003

October 6, 2010

The Honorable

Fax #

Re:
H. R. 5492--”Fresh
Start Act of 2010”

Dear Congressman (or Congresswoman) :

I am a former prosecutor and a criminal defense lawyer with 36 years of trial
and practical experience in the civil and criminal justice systems as well as in
government and business. The purpose of this letter is to respectfully ask for
your support of
H. R 5492.
This legislation allows certain
one-time, nonviolent
offenders to eventually obtain expungement of a criminal record,
but only
after maintaining a long-term clean record
and
after completing all terms and conditions of their sentence (including payment
of
full restitution).

A single federal conviction can forever disable an individual from obtaining
employment or societal advancement.
Please see,
Mouzon, “Forgive
us our Trespasses: The Need for Federal Expungement Legislation”,
at HeinOnLine, 39 U. Mem. L, Rev.1 2008-2009. As a practical matter, permanent
“criminalization” of one-time, nonviolent offenders/citizens results in a
lifetime sentence - with disabilities forever affecting employment opportunities
and social standing (not to mention other normal rights of citizenship).

This should
not
be a partisan issue! The proposed legislation is consistent with “fiscal
conservatism”, improving both individual and national productivity. Also,
supporting such sensible legislation is
not
being “soft on crime”. An individual who makes one mistake, then completely pays
his (or her) debt to society, should not be permanently branded and thereby
prevented from leading a productive life.

As a lawyer, I am frequently asked by citizens, seeking advancement in private
employment or military service, how they can clear their record of an ancient
one-time, nonviolent indiscretion. Unfortunately, there is currently no way to
accomplish this with regard to a
federal
conviction (although a number of states have begun to see the light and have
enacted state statutes similar to this proposed federal legislation).

Aside from the eminent good sense of such legislation promoting restitution and
rehabilitation, I firmly believe that the economic impact would be hugely
favorable. There are many potentially productive individuals in this country who
are currently being denied employment and other opportunities for advancement
based upon a single fully satisfied, but still recorded, criminal conviction.

If you have not already done so, please consider joining as a cosponsor of this
legislation.